Brown v. Hardin County, Tennessee

District Court, W.D. Tennessee

Brown v. Hardin County, Tennessee

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE EASTERN DIVISION ______________________________________________________________________________

JENNIFER BROWN, ) ) Plaintiff, ) v. ) No. 1:21-cv-1210-STA-jay ) MITZI HILL and ) HARDIN COUNTY, TENNESSEE, ) ) Defendants. ) ______________________________________________________________________________

ORDER GRANTING UNOPPOSED MOTION TO DISMISS ______________________________________________________________________________

Before the Court is Hardin County, Tennessee’s Motion to Dismiss (ECF No. 9) filed March 22, 2022. Defendant seeks the dismissal of any claim for the violation of Plaintiff Jennifer Brown’s civil rights in violation of

42 U.S.C. § 1983

Plaintiff alleges against Hardin County itself. Plaintiff has filed a response in opposition and stated that she is not alleging such a claim against Hardin County. The Sixth Circuit has remarked that “the plaintiff remains the master of its complaint” and that, if the plaintiff “concedes that it is not bringing a claim,” then the district court “should take it at its word.” NicSand, Inc. v. 3M Co.,

507 F.3d 442, 458

(6th Cir. 2007). Based on Plaintiff’s concession and for the reasons stated in Defendant’s opening brief, the Motion to Dismiss is GRANTED. IT IS SO ORDERED. s/ S. Thomas Anderson S. THOMAS ANDERSON CHIEF UNITED STATES DISTRICT JUDGE

Date: April 19, 2022

Reference

Status
Unknown